Creative Sentencing in the Age of COVID-19

As the struggle to contain the COVID-19 crisis grinds on, including concerns about the possible spread of the virus in jails and prisons, there has been a renewed interest in finding alternatives to sentences that involve extended periods of incarceration. It will come as no surprise to regular readers of this blog that Jamie Markham has written about such alternatives many times over the years. But in light of the current health situation, I thought this would be a good opportunity to revisit some of those topics, collect them together in one post, and try to expand on a few of the suggestions and options. I should also acknowledge that this post was prompted, at least in part, by the fact that I only recently learned about an unusual type of sentence known as the "Holbrook Holiday." Active Sentence Required? If the felony sentencing grid in G.S. 15A-1340.17 dictates an Active sentence, then of course the judge's hands are tied and incarceration is generally required, unless  "extraordinary mitigation" is permitted for that offense and found by the court. See G.S. 15A-1340.13(f) ("Unless otherwise provided, the court shall not suspend the sentence of imprisonment if the class of offense and prior record level do not permit community or intermediate punishment as a sentence disposition"); 15A-1340.13(g) (extraordinary mitigation). However, even when an active sentence is mandated, the judge still has discretion to postpone the commencement of that sentence until a later date -- you can review the post on that topic here. In [...]